H1 transfer and Labor certification

S

Swamy2

Registered Users (C)
1. I am on an H1b working for a university (non-cap). If I were to get a job in a private company (cap), when is the earliest that I can begin work, given that the cap is reached?

2. My current employer has filed for Labor certification (ETA 750) with NY state last year. If I change jobs, do I have to start again?

thx
swamy
 
Swamy2 said:
1. I am on an H1b working for a university (non-cap). If I were to get a job in a private company (cap), when is the earliest that I can begin work, given that the cap is reached?
----- when you get H1B transfred or the day you get your H1 TRANSFER filing reciept from USCIS
2. My current employer has filed for Labor certification (ETA 750) with NY state last year. If I change jobs, do I have to start again?
------ YES, becase LC is not portable to new employer. if the current employer wants to help you he should not withdraw the LC and once LC gets approved employer can file I-140 and you file I-485, EAD AP at the same time, becase GC is for future job
thx
swamy
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canindo said:
It is best to stick where you are and get everything done than to jump around.
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Well, that's what I want to do, but the funding situation might force me to move.
 
2. My current employer has filed for Labor certification (ETA 750) with NY state last year. If I change jobs, do I have to start again?
------ YES, becase LC is not portable to new employer. if the current employer wants to help you he should not withdraw the LC and once LC gets approved employer can file I-140 and you file I-485, EAD AP at the same time, becase GC is for future job

Thx. Can you tell me what exactly is involved in not withdrawing the LC? What does the current employer gain/lose by doing so? Does it cost anything for instance? Is this a "normal" thing to do?

Swamy
 
Swamy2 said:
2. My current employer has filed for Labor certification (ETA 750) with NY state last year. If I change jobs, do I have to start again?
------ YES, becase LC is not portable to new employer. if the current employer wants to help you he should not withdraw the LC and once LC gets approved employer can file I-140 and you file I-485, EAD AP at the same time, becase GC is for future job

Thx. Can you tell me what exactly is involved in not withdrawing the LC?
--- employer or lawyer writes to DOL that particular LC with case#.... should be withdrwan, no law requires them to do that and employer generaly dont withdraw the LC becase they can use it for other worker after LC is approved
What does the current employer gain/lose by doing so?
--- by not withdrawing employer gains, many employers with approved LC can hire a new worker the new worker who wants to file I-140 based on that LC substution can file I-140, I-485 EAD AP ( if that candidate is eligible to use that LC, they can also use that approved LC for any worker in company who is eligible to use that LC
Does it cost anything for instance? Is this a "normal" thing to do?
----- No employer revokes or withdraws LC
*** best option for you is stick with him till LC is approved and employer files I-140 and you file I-485, EAD AP. if any lay off then enter a deal with employer so that he can still file your I-140 and you file I-485, many are waiting LC to be cleared more than 2-3 years.
Swamy
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